NC Oklahoma News

A Stillwater hotel general manager recently appealed to her congressional representative to stop lenders using "vulture tactics" to prey on borrowers hard struck by the COVID-19 pandemic's economic impact.

Lenders circling over the pandemic-distressed properties "are well within their legal rights," Stillwater Residence Inn general manager Jeri Hughes said in her April 2 letter to U.S. Rep. Frank D. Lucas (R-OK).

In a copy of her two-page letter obtained by NC Oklahoma News, Hughes told Lucas that lenders' schemes are "unconscionable from a moral perspective and stand starkly against the principles that we share here in the United States."

"Frankly, to take advantage of this crisis for the sake of better returns for some New York hedge fund strikes me as unAmerican," Hughes, who manages the 101-room hotel on Murphy Street, continued in her letter. "The negative impact to hotel owners and their employees of these vulture tactics will be long lasting."

Earlier this week, Lucas announced that four health centers in Oklahoma's 3rd Congressional District would receive $2.5 million from the U.S. Department of Health and Human Services in response to the COVID-19 pandemic.

The money was part of the $2 trillion Coronavirus Aid, Relief, and Economic Security Act of 2020 (CARES Act) that was passed by Congress late last month.

The CARES Act, supported by Lucas, provides some foreclosure relief, mostly for family-owned properties.

In addition, some states have set up foreclosure moratoriums and stays, often covering small and large properties from actions by lenders to seize assets when payments aren't made during the pandemic.

Oklahoma is not currently one of those states.

Larger properties got some protection in an interagency statement issued March 22 by the Federal Reserve, FDIC and other regulatory agencies that encouraged the nation's banks to work proactively with borrowers impacted by the COVID-19 pandemic.

"The agencies encourage financial institutions to work prudently with borrowers who are or may be unable to meet their contractual payment obligations because of the effects of COVID-19," the statement said. "The agencies view loan modification programs as positive actions that can mitigate adverse effects on borrowers due to COVID-19. The agencies will not criticize institutions for working with borrowers and will not direct supervised institutions to automatically categorize all COVID-19 related loan modifications as troubled debt restructurings (TDRs)."

Hughes called the interagency statement "undoubtedly a step in the right direction" but said not all borrowers have loans from FDIC-insured banks.

"However, billions of dollars of hotel loans in our country come from unregulated non-banks such as hedge funds and other investment funds," Hughes said in her letter. "Since the Federal Reserve and the FDIC have no direct oversight of these firms, they are unlikely to follow the previously mentioned guidance. They are more likely to take a different approach: the use of vulture tactics to extract as much 'value' out of the hotel as possible without any regard for the current crisis or the hotel employees or hotel owners involved."

Those vulture tactics include accelerating the foreclosure process to gather as many COVID-19-distressed properties as possible, using "small technical ways" to rush loan defaults, denying borrowers existing escrowed funds and slowing reimbursements on collateral, Hughes said.

"Representative Lucas, I urge you, Congress, the Federal Reserve and other governmental agencies to move quickly to address this situation before hotels across this country are mercilessly foreclosed on due to no fault of their own," Hughes's letter said. "To the extent additional legislation related to COVID-19 is proposed, I would recommend adding language that introduces an 18-month moratorium on ALL foreclosure proceedings for ALL lenders to hotels. This should give hotels the time they will need to come up with reasonable solutions and strategies with their lenders to ensure that they have their loans paid off and avoid unnecessarily enriching hedge fund vultures."